Holdmark Developers v G J Formwork [2004] NSWSC 905

New South Wales Supreme Court

CITATION : Holdmark Developers v G J Formwork [2004] NSWSC 905 HEARING DATE(S) : 23 September 2004 JUDGMENT DATE : 24 September 2004

JUDGMENT OF : McDougall J at 1 DECISION : See para [61] of judgment

CATCHWORDS : BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 (NSW) - whether adjudication determination should be quashed - jurisdictional error of law - s 14(5) of Act - reference date - final payment claim - whether more than one payment claim made in respect of the one reference date - whether payment claims could only be made during currency of contract - effect of termination or cessation of work - where no contractual provision for the occurrence of reference dates after termination or cessation of work - whether permissible to make a series of payment claims after termination but within relevant limitation period - discretion to withhold relief LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999 (NSW) Building and Construction Industry Security of Payment Amendment Act 2002 Jemzone Pty Ltd v Trytan Pty Ltd [2002] NSWSC 395 Isis Projects v Clarence Street Limited [2004] NSWSC 222 CASES CITED : John Holland Pty Limited v Cardno MBK (NSW) Pty Limited [2004] NSWSC 258 Musico v Davenport [2003] NSWSC 977 Multiplex Constructions Pty Ltd v Luikens [2003] NSWSC 1140 Holdmark Developers Pty Limited (Plaintiff) PARTIES : G J Formwork Pty Limited (First Defendant) LEADR (Second Defendant) Peter Thomas Sarlos (Third Defendant) FILE NUMBER(S) : SC 55068/04 COUNSEL : M G Rudge SC/D R Sibtain (Plaintiff) M V Sahade/D A Doyle (Defendants) SOLICITORS : Corrs Chambers Westgarth (Plaintiff) The Builders' Lawyer (Defendants)